Illinois 100th Regular Session Status: Enacted 2 D cosponsors

SB 558 — CRIM PRO-PROTECTIVE ORDER

Last action — Public Act . . . . . . . . . 100-0597

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2017. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    0 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Bill of Rights for Children. Makes a technical change in a Section concerning the short title.

Bill Text

What changed in the latest version

1683 added · 1673 removed

Plain-language change summary

The recent amendment to Bill SB 558 includes several updates to the Code of Criminal Procedure, particularly focusing on enhancing protections for victims of domestic violence, sexual assault, and stalking. New sections have been added to streamline the process of obtaining protective orders, which aims to reduce the trauma and inconvenience victims face when attending multiple court proceedings. This change matters because it emphasizes the importance of victim safety and rights, ensuring that legal processes are both efficient and sensitive to their needs.

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SB0558 Engrossed LRB100 04867 SLF 14877 b AN ACT concerning criminal law.
SB0558 Enrolled LRB100 04867 SLF 14877 b AN ACT concerning criminal law.
This Article shall be interpreted in accordance with the constitutional rights of crime victims set forth in Article I, Section 8.1 of the Illinois Constitution, the purposes set forth in Section 2 of the Rights of Crime Victims and Witnesses Act, and the use of protective orders to implement the victim's right to be reasonably protected from the defendant as provided in Section 4.5 of the Rights of SB0558 Engrossed - 2 - LRB100 04867 SLF 14877 b Victims and Witnesses Act.
This Article shall be interpreted in accordance with the constitutional rights of crime victims set forth in Article I, Section 8.1 of the Illinois Constitution, the purposes set forth in Section 2 of the Rights of Crime Victims and Witnesses Act, and the use of protective orders to implement the victim's right to be reasonably protected from the defendant as provided in Section 4.5 of the Rights of SB0558 Enrolled - 2 - LRB100 04867 SLF 14877 b Victims and Witnesses Act.
"Protective order" "protective order" means a domestic violence order of protection, a civil no contact order, or a SB0558 Engrossed - 3 - LRB100 04867 SLF 14877 b stalking no contact order.
"Protective order" "protective order" means a domestic violence order of protection, a civil no contact order, or a SB0558 Enrolled - 3 - LRB100 04867 SLF 14877 b stalking no contact order.
(4) "Harassment" means knowing conduct which is not SB0558 Engrossed - 4 - LRB100 04867 SLF 14877 b necessary to accomplish a purpose which is reasonable under the circumstances;
(4) "Harassment" means knowing conduct which is not SB0558 Enrolled - 4 - LRB100 04867 SLF 14877 b necessary to accomplish a purpose which is reasonable under the circumstances;
or SB0558 Engrossed - 5 - LRB100 04867 SLF 14877 b (vi) threatening physical force, confinement or restraint on one or more occasions.
or SB0558 Enrolled - 5 - LRB100 04867 SLF 14877 b (vi) threatening physical force, confinement or restraint on one or more occasions.
(i) knowing or reckless use of physical force, SB0558 Engrossed - 6 - LRB100 04867 SLF 14877 b confinement or restraint;
(i) knowing or reckless use of physical force, SB0558 Enrolled - 6 - LRB100 04867 SLF 14877 b confinement or restraint;
SB0558 Engrossed - 7 - LRB100 04867 SLF 14877 b (1) "Civil no contact order" means an ex parte or final order granted under this Article, which includes a remedy authorized by Section 112A-14.5 of this Code.
SB0558 Enrolled - 7 - LRB100 04867 SLF 14877 b (1) "Civil no contact order" means an ex parte or final order granted under this Article, which includes a remedy authorized by Section 112A-14.5 of this Code.
(7) "Sexual penetration" means any contact, however SB0558 Engrossed - 8 - LRB100 04867 SLF 14877 b slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration.
(7) "Sexual penetration" means any contact, however SB0558 Enrolled - 8 - LRB100 04867 SLF 14877 b slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration.
The incarceration of a person in a penal institution who SB0558 Engrossed - 9 - LRB100 04867 SLF 14877 b commits the course of conduct is not a bar to prosecution.
The incarceration of a person in a penal institution who SB0558 Enrolled - 9 - LRB100 04867 SLF 14877 b commits the course of conduct is not a bar to prosecution.
(7) "Stalking" means engaging in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a SB0558 Engrossed - 10 - LRB100 04867 SLF 14877 b reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress.
(7) "Stalking" means engaging in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a SB0558 Enrolled - 10 - LRB100 04867 SLF 14877 b reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress.
or (2) by any person on behalf of a named victim who is a minor child or an adult who has been abused by a family or household member and who, because of age, health, SB0558 Engrossed - 11 - LRB100 04867 SLF 14877 b disability, or inaccessibility, cannot file the petition.
or (2) by any person or by the State's Attorney on behalf of a named victim who is a minor child or an adult who has been abused by a family or household member and who, SB0558 Enrolled - 11 - LRB100 04867 SLF 14877 b because of age, health, disability, or inaccessibility, cannot file the petition;
or.
(3) by a State's Attorney on behalf of any minor child or dependent adult in the care of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition.
or (2) by a person on behalf of a named victim who is a minor child or an adult who is a victim of non-consensual sexual conduct or non-consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition.
or (2) by a person or by the State's Attorney on behalf of a named victim who is a minor child or an adult who is a victim of non-consensual sexual conduct or non-consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition;
or.
(3) by a State's Attorney on behalf of any minor child who is a family or household member of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition.
or (2) by a person on behalf of a named victim who is a minor child or an adult who is a victim of stalking but, because of age, disability, health, or inaccessibility, cannot file the petition.
or (2) by a person or by the State's Attorney on behalf of a named victim who is a minor child or an adult who is a victim of stalking but, because of age, disability, health, SB0558 Enrolled - 12 - LRB100 04867 SLF 14877 b or inaccessibility, cannot file the petition;
(d) The State's Attorney shall file a petition on behalf of on any person who may file a petition under subsections (a), (b), or (c) of this Section if the person requests the State's Attorney to file a petition on the person's behalf, unless the State's Attorney informs the court that the State's Attorney has reason to believe that additional investigation would produce evidence that would result in dismissal of the charge.
or.
If, after investigation, the State's Attorney decides to SB0558 Engrossed - 12 - LRB100 04867 SLF 14877 b proceed with the charge, the State's Attorney shall file a petition.
(3) by a State's Attorney on behalf of any minor child who is a family or household member of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition.
(d) The State's Attorney shall file a petition on behalf of on any person who may file a petition under subsections (a), (b), or (c) of this Section if the person requests the State's Attorney to file a petition on the person's behalf, unless the State's Attorney has a good faith basis to delay filing the petition.
The State's Attorney shall inform the person that the State's Attorney will not be filing the petition at that time and that the person may file a petition or may retain an attorney to file the petition.
The State's Attorney may file the petition at a later date.
(e) Any petition properly filed under this Article may seek protection for any additional persons protected by this Article.
SB0558 Enrolled - 13 - LRB100 04867 SLF 14877 b (e) Any petition properly filed under this Article may seek protection for any additional persons protected by this Article.
The SB0558 Engrossed - 13 - LRB100 04867 SLF 14877 b petition shall be in writing and verified or accompanied by affidavit and shall allege that:
The petition shall be in writing and verified or accompanied by affidavit and shall allege that:
During the pendency of this proceeding, the petitioner and respondent have a continuing duty to inform the court of any subsequent proceeding for a protective order in this State or any other state.
During the pendency of this proceeding, the petitioner and respondent have a continuing duty to inform the court of any subsequent SB0558 Enrolled - 14 - LRB100 04867 SLF 14877 b proceeding for a protective order in this State or any other state.
If the petition states that disclosure of SB0558 Engrossed - 14 - LRB100 04867 SLF 14877 b petitioner's address would risk abuse to or endanger the safety of petitioner or any member of petitioner's family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court.
If the petition states that disclosure of petitioner's address would risk abuse to or endanger the safety of petitioner or any member of petitioner's family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court.
(a) A petition for a protective order may be filed at any time after a criminal charge or delinquency petition is filed and before the charge or delinquency petition is dismissed, the defendant or juvenile is acquitted, or the defendant or juvenile completes service of his or her sentence.
(a) A petition for a protective order may be filed at any time after a criminal charge or delinquency petition is filed and before the charge or delinquency petition is dismissed, the SB0558 Enrolled - 15 - LRB100 04867 SLF 14877 b defendant or juvenile is acquitted, or the defendant or juvenile completes service of his or her sentence.
The summons may be served by delivery to the respondent personally in open court in the criminal or juvenile delinquency proceeding, in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require SB0558 Engrossed - 15 - LRB100 04867 SLF 14877 b respondent to answer or appear within 7 days.
The summons may be served by delivery to the respondent personally in open court in the criminal or juvenile delinquency proceeding, in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require respondent to answer or appear within 7 days.
Special process servers may be appointed at any time and their designation shall not affect the responsibilities and authority of the sheriff or other official process servers.
Special process servers may be appointed at any time and their designation shall not affect the responsibilities and authority of the sheriff or other official SB0558 Enrolled - 16 - LRB100 04867 SLF 14877 b process servers.
SB0558 Engrossed - 16 - LRB100 04867 SLF 14877 b (f) The request for a final protective order can be considered at any court proceeding in the delinquency or criminal case after service of the petition.
(f) The request for a final protective order can be considered at any court proceeding in the delinquency or criminal case after service of the petition.
(A) for any of the remedies sought in the petition, if respondent has been served with documents under subsection (b) or (c) of this Section and if respondent fails to appear on the specified return date or any subsequent hearing date agreed to by the petitioner and respondent or set by the court;
(A) for any of the remedies sought in the petition, if respondent has been served with documents under subsection (b) or (c) of this Section and if respondent fails to appear on the specified return date or any SB0558 Enrolled - 17 - LRB100 04867 SLF 14877 b subsequent hearing date agreed to by the petitioner and respondent or set by the court;
(2) A final civil no contact order may be entered by default for any of the remedies provided in Section 112A-14.5 of this Code, if respondent has been served with documents under subsection (b) or (c) of this Section, and SB0558 Engrossed - 17 - LRB100 04867 SLF 14877 b if the respondent fails to answer or appear in accordance with the date set in the publication notice or the return date indicated on the service of a household member.
(2) A final civil no contact order may be entered by default for any of the remedies provided in Section 112A-14.5 of this Code, if respondent has been served with documents under subsection (b) or (c) of this Section, and if the respondent fails to answer or appear in accordance with the date set in the publication notice or the return date indicated on the service of a household member.
1-1-18.) (725 ILCS 5/112A-6.1 new) Sec.
1-1-18.) (725 ILCS 5/112A-6.1 new) SB0558 Enrolled - 18 - LRB100 04867 SLF 14877 b Sec.
SB0558 Engrossed - 18 - LRB100 04867 SLF 14877 b (c) Court proceedings related to the entry of a protective order and the determination of remedies shall not be used to obtain discovery that would not otherwise be available in a criminal prosecution or juvenile delinquency case.
(c) Court proceedings related to the entry of a protective order and the determination of remedies shall not be used to obtain discovery that would not otherwise be available in a criminal prosecution or juvenile delinquency case.
(a) Except as provided in subsection (a-5) of this Section, the The court shall grant the petition and enter a protective order if the court finds prima facie evidence that a crime involving domestic violence, a sexual offense, or a crime involving stalking has been committed.
SB0558 Enrolled - 19 - LRB100 04867 SLF 14877 b (a) Except as provided in subsection (a-5) of this Section, the The court shall grant the petition and enter a protective order if the court finds prima facie evidence that a crime involving domestic violence, a sexual offense, or a crime involving stalking has been committed.
or (2) an adjudication of delinquency, a finding of guilt based upon a plea, or a finding of guilt after a trial for SB0558 Engrossed - 19 - LRB100 04867 SLF 14877 b a crime of domestic battery, a sexual crime, or stalking or an attempt to commit a crime of domestic violence, a sexual offense, or stalking;
or (2) an adjudication of delinquency, a finding of guilt based upon a plea, or a finding of guilt after a trial for a crime of domestic battery, a sexual crime, or stalking or an attempt to commit a crime of domestic violence, a sexual offense, or stalking;
or (4) the entry of a protective order in a separate civil case brought by the petitioner against the respondent.
or (4) the entry of a protective order in a separate civil SB0558 Enrolled - 20 - LRB100 04867 SLF 14877 b case brought by the petitioner against the respondent.
SB0558 Engrossed - 20 - LRB100 04867 SLF 14877 b (c) The court, when determining whether or not to issue a protective order, may not require physical injury on the person of the victim.
(c) The court, when determining whether or not to issue a protective order, may not require physical injury on the person of the victim.
(a-5) A petition for a domestic violence order of protection shall be treated as an expedited proceeding, and no court shall transfer or otherwise decline to decide all or part of the petition, except as otherwise provided in this Section.
SB0558 Enrolled - 21 - LRB100 04867 SLF 14877 b (a-5) A petition for a domestic violence order of protection shall be treated as an expedited proceeding, and no court shall transfer or otherwise decline to decide all or part of the petition, except as otherwise provided in this Section.
(b) A criminal court may decline to decide contested issues of physical care and possession of a minor child, temporary allocation of parental responsibilities or significant decision-making responsibility, parenting time, custody, visitation, or family support, unless a decision on one or more of those contested issues is necessary to avoid the risk of abuse, neglect, removal from the State, state or concealment SB0558 Engrossed - 21 - LRB100 04867 SLF 14877 b within the State state of the child or of separation of the child from the primary caretaker.
(b) A criminal court may decline to decide contested issues of physical care and possession of a minor child, temporary allocation of parental responsibilities or significant decision-making responsibility, parenting time, custody, visitation, or family support, unless a decision on one or more of those contested issues is necessary to avoid the risk of abuse, neglect, removal from the State, state or concealment within the State state of the child or of separation of the child from the primary caretaker.
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remedies.
SB0558 Enrolled - 22 - LRB100 04867 SLF 14877 b remedies.
SB0558 Engrossed - 22 - LRB100 04867 SLF 14877 b Prohibit respondent from entering or remaining in any residence, household, or premises of the petitioner, including one owned or leased by respondent, if petitioner has a right to occupancy thereof.
Prohibit respondent from entering or remaining in any residence, household, or premises of the petitioner, including one owned or leased by respondent, if petitioner has a right to occupancy thereof.
A party has a right to occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party's spouse, a person with a legal duty to support that party or a minor child in that party's care, or by any person or entity other than the opposing party that authorizes that party's occupancy (e.g., a domestic violence shelter).
A party has a right to occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party's spouse, a person with a legal duty to support that party or a minor child in that party's care, or by any SB0558 Enrolled - 23 - LRB100 04867 SLF 14877 b person or entity other than the opposing party that authorizes that party's occupancy (e.g., a domestic violence shelter).
If petitioner and respondent each has the right to occupancy of a residence or household, the court shall balance (i) the hardships to respondent and any minor child or dependent adult in respondent's care resulting from entry of this remedy with (ii) the hardships to petitioner and any minor child or dependent adult in petitioner's care resulting from continued exposure to the risk of abuse (should petitioner remain at the SB0558 Engrossed - 23 - LRB100 04867 SLF 14877 b residence or household) or from loss of possession of the residence or household (should petitioner leave to avoid the risk of abuse).
If petitioner and respondent each has the right to occupancy of a residence or household, the court shall balance (i) the hardships to respondent and any minor child or dependent adult in respondent's care resulting from entry of this remedy with (ii) the hardships to petitioner and any minor child or dependent adult in petitioner's care resulting from continued exposure to the risk of abuse (should petitioner remain at the residence or household) or from loss of possession of the residence or household (should petitioner leave to avoid the risk of abuse).
The court, on the request of petitioner or on its own motion, may order respondent to provide suitable, accessible, alternate housing for petitioner instead of excluding respondent from a mutual residence or household.
The SB0558 Enrolled - 24 - LRB100 04867 SLF 14877 b court, on the request of petitioner or on its own motion, may order respondent to provide suitable, accessible, alternate housing for petitioner instead of excluding respondent from a mutual residence or household.
Hardships need not be balanced for the court to enter a SB0558 Engrossed - 24 - LRB100 04867 SLF 14877 b stay away order or prohibit entry if respondent has no right to enter the premises.
Hardships need not be balanced for the court to enter a stay away order or prohibit entry if respondent has no right to enter the premises.
The right to access shall be exercised on only one occasion as the court directs and in the presence of an agreed-upon adult third party or law enforcement officer.
The right to access shall be exercised on only one occasion as the court directs and in the presence of an agreed-upon adult third party SB0558 Enrolled - 25 - LRB100 04867 SLF 14877 b or law enforcement officer.
(B) When the petitioner and the respondent attend the same public, private, or non-public elementary, middle, or high school, the court when issuing a domestic violence an order of protection and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a SB0558 Engrossed - 25 - LRB100 04867 SLF 14877 b transfer of the respondent to another school, and any other relevant facts of the case.
(B) When the petitioner and the respondent attend the same public, private, or non-public elementary, middle, or high school, the court when issuing a domestic violence an order of protection and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case.
The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school.
The respondent also bears the burden of SB0558 Enrolled - 26 - LRB100 04867 SLF 14877 b production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school.
When a court orders a respondent to stay away from the public, private, or non-public SB0558 Engrossed - 26 - LRB100 04867 SLF 14877 b school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred.
When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred.
(C) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order.
SB0558 Enrolled - 27 - LRB100 04867 SLF 14877 b (C) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order.
Require or recommend the respondent to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, SB0558 Engrossed - 27 - LRB100 04867 SLF 14877 b mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate.
Require or recommend the respondent to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate.
In order to protect the minor child from abuse, neglect, or unwarranted separation from the person who has been the minor child's primary caretaker, or to otherwise protect the well-being of the minor child, the court may do either or both of the following:
In order to protect the minor child from abuse, neglect, or unwarranted separation from the person who has been the minor child's primary caretaker, or to otherwise protect the well-being of the minor child, the court may do either SB0558 Enrolled - 28 - LRB100 04867 SLF 14877 b or both of the following:
Award temporary significant decision-making responsibility legal custody to petitioner in accordance SB0558 Engrossed - 28 - LRB100 04867 SLF 14877 b with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 2015, and this State's Uniform Child-Custody Jurisdiction and Enforcement Act.
Award temporary significant decision-making responsibility legal custody to petitioner in accordance with this Section, the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 2015, and this State's Uniform Child-Custody Jurisdiction and Enforcement Act.
Determine the parenting time visitation rights, if any, of respondent in any case in which the court awards physical care or temporary significant decision-making responsibility legal custody of a minor child to petitioner.
Determine the parenting time visitation rights, if any, of respondent in any case in which the court awards physical care or temporary significant decision-making responsibility legal custody SB0558 Enrolled - 29 - LRB100 04867 SLF 14877 b of a minor child to petitioner.
SB0558 Engrossed - 29 - LRB100 04867 SLF 14877 b The court shall not be limited by the standards set forth in Section 603.10 607.1 of the Illinois Marriage and Dissolution of Marriage Act.
The court shall not be limited by the standards set forth in Section 603.10 607.1 of the Illinois Marriage and Dissolution of Marriage Act.
Petitioner may deny respondent access to the minor child if, when respondent arrives for parenting time visitation, respondent is under the influence of drugs or alcohol and constitutes a threat to the safety and well-being of petitioner or petitioner's minor children or is behaving in a violent or abusive manner.
Petitioner may deny respondent access to the minor child if, when respondent arrives for parenting time visitation, respondent is under the influence of drugs or alcohol and constitutes a threat to the safety and well-being of petitioner or petitioner's minor children or SB0558 Enrolled - 30 - LRB100 04867 SLF 14877 b is behaving in a violent or abusive manner.
Prohibit respondent from removing a minor child from the State or SB0558 Engrossed - 30 - LRB100 04867 SLF 14877 b concealing the child within the State.
Prohibit respondent from removing a minor child from the State or concealing the child within the State.
or (ii) the petitioner and respondent parties own the property jointly;
or SB0558 Enrolled - 31 - LRB100 04867 SLF 14877 b (ii) the petitioner and respondent parties own the property jointly;
No order under this provision shall affect title to SB0558 Engrossed - 31 - LRB100 04867 SLF 14877 b property.
No order under this provision shall affect title to property.
If petitioner's sole claim to ownership of the property is that it is marital property, the court may grant petitioner relief under subparagraph (ii) of this paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
If petitioner's sole claim to ownership of the property is that it is marital property, the court may grant petitioner relief under subparagraph (ii) of this SB0558 Enrolled - 32 - LRB100 04867 SLF 14877 b paragraph only if a proper proceeding has been filed under the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
Grant the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and order the respondent to stay away from the SB0558 Engrossed - 32 - LRB100 04867 SLF 14877 b animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.
Grant the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.
An order for child support may be granted to a petitioner with lawful physical care or custody of a child, or an order or agreement for physical care of a child or custody, prior to entry of an order allocating significant decision-making responsibility for legal custody.
An order for child support may be granted to a petitioner with lawful physical SB0558 Enrolled - 33 - LRB100 04867 SLF 14877 b care or custody of a child, or an order or agreement for physical care of a child or custody, prior to entry of an order allocating significant decision-making responsibility for legal custody.
Such losses shall include, but not be limited to, medical expenses, lost earnings or other support, SB0558 Engrossed - 33 - LRB100 04867 SLF 14877 b repair or replacement of property damaged or taken, reasonable attorney's fees, court costs, and moving or other travel expenses, including additional reasonable expenses for temporary shelter and restaurant meals.
Such losses shall include, but not be limited to, medical expenses, lost earnings or other support, repair or replacement of property damaged or taken, reasonable attorney's fees, court costs, and moving or other travel expenses, including additional reasonable expenses for temporary shelter and restaurant meals.
(ii) Recovery of expenses.
SB0558 Enrolled - 34 - LRB100 04867 SLF 14877 b (ii) Recovery of expenses.
SB0558 Engrossed - 34 - LRB100 04867 SLF 14877 b (A) A person who is subject to an existing domestic violence order of protection, issued under this Code may not lawfully possess weapons under Section 8.2 of the Firearm Owners Identification Card Act.
(A) A person who is subject to an existing domestic violence order of protection, issued under this Code may not lawfully possess weapons under Section 8.2 of the Firearm Owners Identification Card Act.
The court shall issue an order that the respondent's Firearm Owner's Identification Card be turned over to the local law enforcement agency, which in turn shall immediately mail the card to the Department of State Police Firearm Owner's Identification Card Office for safekeeping.
The court shall issue an order that the respondent's Firearm Owner's Identification Card be turned over to the local law enforcement agency, which in turn shall immediately mail the card to the Department of State Police Firearm SB0558 Enrolled - 35 - LRB100 04867 SLF 14877 b Owner's Identification Card Office for safekeeping.
(C) If the respondent is a peace officer as defined in Section 2-13 of the Criminal Code of 2012, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who SB0558 Engrossed - 35 - LRB100 04867 SLF 14877 b shall retain the firearms for safekeeping for the duration of the domestic violence order of protection.
(C) If the respondent is a peace officer as defined in Section 2-13 of the Criminal Code of 2012, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who shall retain the firearms for safekeeping for the duration of the domestic violence order of protection.
or that the firearms be turned over to a third party who is lawfully eligible to possess firearms, and who does not reside with respondent.
or that the firearms be turned over SB0558 Enrolled - 36 - LRB100 04867 SLF 14877 b to a third party who is lawfully eligible to possess firearms, and who does not reside with respondent.
Order SB0558 Engrossed - 36 - LRB100 04867 SLF 14877 b respondent to reimburse a shelter providing temporary housing and counseling services to the petitioner for the cost of the services, as certified by the shelter and deemed reasonable by the court.
Order respondent to reimburse a shelter providing temporary housing and counseling services to the petitioner for the cost of the services, as certified by the shelter and deemed reasonable by the court.
(18) Telephone services.
SB0558 Enrolled - 37 - LRB100 04867 SLF 14877 b (18) Telephone services.
The petitioner may request the transfer of each SB0558 Engrossed - 37 - LRB100 04867 SLF 14877 b telephone number that the petitioner, or a minor child in his or her custody, uses.
The petitioner may request the transfer of each telephone number that the petitioner, or a minor child in his or her custody, uses.
(iii) A statement that the provider transfers to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this paragraph.
(iii) A statement that the provider transfers SB0558 Enrolled - 38 - LRB100 04867 SLF 14877 b to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this paragraph.
(ii) A difference in network technology would SB0558 Engrossed - 38 - LRB100 04867 SLF 14877 b prevent or impair the functionality of a device on a network if the transfer occurs.
(ii) A difference in network technology would prevent or impair the functionality of a device on a network if the transfer occurs.
In this paragraph, "financial responsibility" includes monthly service costs and costs associated with any mobile device associated with the number.
In this paragraph, "financial responsibility" includes monthly service costs and costs associated with any SB0558 Enrolled - 39 - LRB100 04867 SLF 14877 b mobile device associated with the number.
(F) All wireless service providers that provide services to residential customers shall provide to the SB0558 Engrossed - 39 - LRB100 04867 SLF 14877 b Illinois Commerce Commission the name and address of an agent for service of orders entered under this paragraph (18).
(F) All wireless service providers that provide services to residential customers shall provide to the Illinois Commerce Commission the name and address of an agent for service of orders entered under this paragraph (18).
(1) In determining whether to grant a specific remedy, other than payment of support, the court shall consider relevant factors, including, but not limited to, the following:
SB0558 Enrolled - 40 - LRB100 04867 SLF 14877 b (1) In determining whether to grant a specific remedy, other than payment of support, the court shall consider relevant factors, including, but not limited to, the following:
and (ii) the danger that any minor child will be abused SB0558 Engrossed - 40 - LRB100 04867 SLF 14877 b or neglected or improperly relocated removed from the jurisdiction, improperly concealed within the State or improperly separated from the child's primary caretaker.
and (ii) the danger that any minor child will be abused or neglected or improperly relocated removed from the jurisdiction, improperly concealed within the State or improperly separated from the child's primary caretaker.
and (iii) the effect on the relationship of the party, and any minor child or dependent adult in the party's care, to family, school, church, and community.
and SB0558 Enrolled - 41 - LRB100 04867 SLF 14877 b (iii) the effect on the relationship of the party, and any minor child or dependent adult in the party's care, to family, school, church, and community.
SB0558 Engrossed - 41 - LRB100 04867 SLF 14877 b (iii) Whether it is necessary to grant the requested relief in order to protect petitioner or other alleged abused persons.
(iii) Whether it is necessary to grant the requested relief in order to protect petitioner or other alleged abused persons.
No rights or responsibilities for a minor child born outside of marriage attach to a putative father until a father and child relationship has been established under the Illinois Parentage Act of 1984, or under the Illinois Parentage Act of 2015, the Illinois Public Aid Code, Section 12 of the Vital Records Act, the Juvenile Court Act of 1987, the Probate Act of 1975, the Uniform Interstate Family Support Act, the Expedited Child Support Act of 1990, any judicial, administrative, or other act of another state or territory, any other statute of this State, or by any foreign nation establishing the father and child relationship, any other proceeding substantially in conformity with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or when both parties appeared in open court or at an administrative hearing acknowledging under oath or admitting by affirmation the existence of a father and child relationship on and after the effective date of that Act.
No rights or responsibilities for a minor child born outside of marriage attach to a putative father until a father and child relationship has been established under the Illinois Parentage Act of 1984, or under the Illinois Parentage Act of 2015, the Illinois Public Aid Code, Section 12 of the Vital Records Act, the Juvenile Court Act of 1987, the Probate Act of 1975, the Uniform Interstate Family Support Act, the Expedited Child Support Act of 1990, any judicial, SB0558 Enrolled - 42 - LRB100 04867 SLF 14877 b administrative, or other act of another state or territory, any other statute of this State, or by any foreign nation establishing the father and child relationship, any other proceeding substantially in conformity with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or when both parties appeared in open court or at an administrative hearing acknowledging under oath or admitting by affirmation the existence of a father and child relationship on and after the effective date of that Act.
Absent such an adjudication, no putative father shall be granted temporary allocation of parental responsibilities, including parenting time custody of the minor child, visitation with the minor child, or physical SB0558 Engrossed - 42 - LRB100 04867 SLF 14877 b care and possession of the minor child, nor shall an order of payment for support of the minor child be entered.
Absent such an adjudication, no putative father shall be granted temporary allocation of parental responsibilities, including parenting time custody of the minor child, visitation with the minor child, or physical care and possession of the minor child, nor shall an order of payment for support of the minor child be entered.
(1) respondent Respondent has cause for any use of force, unless that cause satisfies the standards for justifiable use of force provided by Article 7 of the Criminal Code of 2012;
SB0558 Enrolled - 43 - LRB100 04867 SLF 14877 b (1) respondent Respondent has cause for any use of force, unless that cause satisfies the standards for justifiable use of force provided by Article 7 of the Criminal Code of 2012;
SB0558 Engrossed - 43 - LRB100 04867 SLF 14877 b (6) petitioner Petitioner did not leave the residence or household to avoid further abuse by respondent;
(6) petitioner Petitioner did not leave the residence or household to avoid further abuse by respondent;
For the purposes of issuing a domestic violence an order of protection, deciding what remedies should be included and enforcing the order, Article 5 of the Criminal Code of 2012 shall govern whether respondent is legally accountable for the conduct of another person.
For the purposes of issuing a domestic violence an order of protection, deciding what remedies should be included and enforcing the SB0558 Enrolled - 44 - LRB100 04867 SLF 14877 b order, Article 5 of the Criminal Code of 2012 shall govern whether respondent is legally accountable for the conduct of another person.
(b) Issuance of ex parte protective orders in cases SB0558 Engrossed - 44 - LRB100 04867 SLF 14877 b involving domestic violence.
(b) Issuance of ex parte protective orders in cases involving domestic violence.
(A) for the remedy of prohibition of abuse described in paragraph (1) of subsection (b) of Section 112A-14 of this Code;
(A) for the remedy of prohibition of abuse SB0558 Enrolled - 45 - LRB100 04867 SLF 14877 b described in paragraph (1) of subsection (b) of Section 112A-14 of this Code;
prohibition of entry described in SB0558 Engrossed - 45 - LRB100 04867 SLF 14877 b paragraph (14) of subsection (b) of Section 112A-14 of this Code;
prohibition of entry described in paragraph (14) of subsection (b) of Section 112A-14 of this Code;
and telephone services described in paragraph (18) of subsection (b) of Section 112A-14 of this Code, the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief;
and telephone services described in paragraph (18) of subsection (b) of Section 112A-14 of this Code, the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the SB0558 Enrolled - 46 - LRB100 04867 SLF 14877 b petitioner's efforts to obtain judicial relief;
and the remedy shall not be denied because SB0558 Engrossed - 46 - LRB100 04867 SLF 14877 b the petitioner has or could obtain temporary shelter elsewhere while prior notice is given to the respondent, unless the hardship to the respondent from exclusion from the home substantially outweigh the hardship to the petitioner;
and the remedy shall not be denied because the petitioner has or could obtain temporary shelter elsewhere while prior notice is given to the respondent, unless the hardship to the respondent from exclusion from the home substantially outweigh the hardship to the petitioner;
improper disposition of the personal property would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief or the petitioner has an immediate and pressing need for the possession of that property.
improper disposition of the personal property would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief or the petitioner has an immediate and pressing need for the possession of SB0558 Enrolled - 47 - LRB100 04867 SLF 14877 b that property.
and SB0558 Engrossed - 47 - LRB100 04867 SLF 14877 b (3) there is good cause to grant the remedy, regardless of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
and (3) there is good cause to grant the remedy, regardless of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief.
(1) the court has jurisdiction under Section 112A-9 of this Code;
(1) the court has jurisdiction under Section 112A-9 of SB0558 Enrolled - 48 - LRB100 04867 SLF 14877 b this Code;
(e) Issuance of ex parte protective orders on court SB0558 Engrossed - 48 - LRB100 04867 SLF 14877 b holidays and evenings.
(e) Issuance of ex parte protective orders on court holidays and evenings.
The judge who issued the order under this Section shall promptly communicate or convey the order to the sheriff to facilitate the entry of the order into the Law Enforcement Agencies Data System by the Department of State Police under Section 112A-28 of this Code.
SB0558 Enrolled - 49 - LRB100 04867 SLF 14877 b The judge who issued the order under this Section shall promptly communicate or convey the order to the sheriff to facilitate the entry of the order into the Law Enforcement Agencies Data System by the Department of State Police under Section 112A-28 of this Code.
SB0558 Engrossed - 49 - LRB100 04867 SLF 14877 b (f) Service of ex parte protective order on respondent.
(f) Service of ex parte protective order on respondent.
(2) If an ex parte protective order is entered after a summons or arrest warrant is issued and before the respondent makes an initial appearance in the criminal case, the summons shall be in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require respondent to answer or appear within 7 days and shall be accompanied by the petition for the protective order, any supporting affidavits, if any, and the ex parte protective order that has been issued.
(2) If an ex parte protective order is entered after a summons or arrest warrant is issued and before the SB0558 Enrolled - 50 - LRB100 04867 SLF 14877 b respondent makes an initial appearance in the criminal case, the summons shall be in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require respondent to answer or appear within 7 days and shall be accompanied by the petition for the protective order, any supporting affidavits, if any, and the ex parte protective order that has been issued.
(A) in open court if the respondent is present at the proceeding at which the order SB0558 Engrossed - 50 - LRB100 04867 SLF 14877 b was entered;
(A) in open court if the respondent is present at the proceeding at which the order was entered;
In a county with a population over 3,000,000, a special process server may not be appointed if an ex parte protective order grants the surrender of a child, the surrender of a firearm or Firearm Owner's Identification Card, or the exclusive possession of a shared residence.
In a county with a population over 3,000,000, a special process server may not be appointed if an ex parte protective order grants the surrender of a child, the surrender of a firearm or Firearm SB0558 Enrolled - 51 - LRB100 04867 SLF 14877 b Owner's Identification Card, or the exclusive possession of a shared residence.
SB0558 Engrossed - 51 - LRB100 04867 SLF 14877 b The verified petition and affidavit shall set forth the evidence of the meritorious defense that will be presented at a hearing.
The verified petition and affidavit shall set forth the evidence of the meritorious defense that will be presented at a hearing.
Under no circumstances shall a court continue a hearing concerning exclusive possession beyond the 14th day except by agreement of the petitioner and the respondent.
Under no circumstances shall a court continue a hearing concerning exclusive possession beyond the 14th day except by agreement of the petitioner and SB0558 Enrolled - 52 - LRB100 04867 SLF 14877 b the respondent.
SB0558 Engrossed - 52 - LRB100 04867 SLF 14877 b (725 ILCS 5/112A-20) (from Ch.
(725 ILCS 5/112A-20) (from Ch.
(2) if in effect in conjunction with a bond forfeiture warrant, until final disposition or an additional period of time not exceeding 2 years;
(2) if in effect in conjunction with a bond forfeiture warrant, until final disposition or an additional period of SB0558 Enrolled - 53 - LRB100 04867 SLF 14877 b time not exceeding 2 years;
or (4) until 2 years after the date set by the court for expiration of any sentence of imprisonment and subsequent parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no SB0558 Engrossed - 53 - LRB100 04867 SLF 14877 b contact orders;
or (4) until 2 years after the date set by the court for expiration of any sentence of imprisonment and subsequent parole, aftercare release, or mandatory supervised release for domestic violence orders of protection and civil no contact orders;
To remove the protective order from those records, either the petitioner or the respondent shall request the clerk of the court to file a certified copy of an order stating that the specified event has occurred or that the protective order has been vacated or modified with the sheriff, and the sheriff shall direct that law enforcement records shall be promptly corrected in accordance with the filed order.
To remove the protective order from those records, either the petitioner or the respondent shall request the clerk of the court to file a certified copy of an order stating that SB0558 Enrolled - 54 - LRB100 04867 SLF 14877 b the specified event has occurred or that the protective order has been vacated or modified with the sheriff, and the sheriff shall direct that law enforcement records shall be promptly corrected in accordance with the filed order.
SB0558 Engrossed - 54 - LRB100 04867 SLF 14877 b The court shall transfer the motion to the appropriate court or division for consideration under subsection (e) of Section 220 of the Illinois Domestic Violence Act of 1986, or subsection (c) of Section 216 of the Civil No Contact Order Act, or subsection (c) of Section 105 of the Stalking No Contact Order as appropriate.
The court shall transfer the motion to the appropriate court or division for consideration under subsection (e) of Section 220 of the Illinois Domestic Violence Act of 1986, or subsection (c) of Section 216 of the Civil No Contact Order Act, or subsection (c) of Section 105 of the Stalking No Contact Order as appropriate.
This Section shall not be construed as encouraging that practice.
This Section shall not be construed as SB0558 Enrolled - 55 - LRB100 04867 SLF 14877 b encouraging that practice.
Pre-printed form orders of protection shall include the definitions of the types of abuse, as SB0558 Engrossed - 55 - LRB100 04867 SLF 14877 b provided in Section 112A-3 of this Code.
Pre-printed form orders of protection shall include the definitions of the types of abuse, as provided in Section 112A-3 of this Code.
(1) The name of each petitioner that the court finds is a victim of a charged offense, and that respondent is a member of the family or household of each such petitioner, and the name of each other person protected by the order and that such person is protected by this Code Act.
(1) The name of each petitioner that the court finds is a victim of a charged offense, and that respondent is a member of the family or household of each such petitioner, SB0558 Enrolled - 56 - LRB100 04867 SLF 14877 b and the name of each other person protected by the order and that such person is protected by this Code Act.
"Any knowing violation of a domestic violence an order of protection forbidding physical abuse, harassment, SB0558 Engrossed - 56 - LRB100 04867 SLF 14877 b intimidation, interference with personal liberty, willful deprivation, or entering or remaining present at specified places when the protected person is present, or granting exclusive possession of the residence or household, or granting a stay away order is a Class A misdemeanor for a first offense, and a Class 4 felony for persons with a prior conviction for certain offenses under subsection (d) of Section 12-3.4 of the Criminal Code of 2012.
"Any knowing violation of a domestic violence an order of protection forbidding physical abuse, harassment, intimidation, interference with personal liberty, willful deprivation, or entering or remaining present at specified places when the protected person is present, or granting exclusive possession of the residence or household, or granting a stay away order is a Class A misdemeanor for a first offense, and a Class 4 felony for persons with a prior conviction for certain offenses under subsection (d) of Section 12-3.4 of the Criminal Code of 2012.
Any willful violation of any order is contempt of court.
Any willful violation of any SB0558 Enrolled - 57 - LRB100 04867 SLF 14877 b order is contempt of court.
922(g)(8) and (9))." SB0558 Engrossed - 57 - LRB100 04867 SLF 14877 b (Source:
922(g)(8) and (9))." (Source:
If the victim is not present the State's Attorney shall (i) as soon as practicable notify the petitioner the order has been entered and (ii) provide a file stamped copy of the order to the petitioner within 3 days.
If the victim is not present the State's Attorney shall (i) as soon as practicable notify the petitioner the SB0558 Enrolled - 58 - LRB100 04867 SLF 14877 b order has been entered and (ii) provide a file stamped copy of the order to the petitioner within 3 days.
SB0558 Engrossed - 58 - LRB100 04867 SLF 14877 b (c-2) Service by sheriff.
(c-2) Service by sheriff.
If process has not yet been served upon the respondent, process shall be served with the order or short form notification if the service is made by the sheriff, other law enforcement official, or special process server.
If process has not yet been served upon the respondent, process shall be served with the order or short form notification if the service is made by the sheriff, other law enforcement SB0558 Enrolled - 59 - LRB100 04867 SLF 14877 b official, or special process server.
Any SB0558 Engrossed - 59 - LRB100 04867 SLF 14877 b order extending, modifying, or revoking any protective order shall be promptly recorded, issued, and served as provided in this Section.
Any order extending, modifying, or revoking any protective order shall be promptly recorded, issued, and served as provided in this Section.
After receiving a certified copy of a protective order that prohibits a respondent's access to records, no health care facility or health care practitioner shall allow a respondent access to the records of any child who is a protected person under the protective order, or release information in those records to the respondent, unless the order has expired or the respondent shows a certified copy of the court order vacating the corresponding protective order that was sent to the health care facility or practitioner.
After receiving a certified copy of a protective SB0558 Enrolled - 60 - LRB100 04867 SLF 14877 b order that prohibits a respondent's access to records, no health care facility or health care practitioner shall allow a respondent access to the records of any child who is a protected person under the protective order, or release information in those records to the respondent, unless the order has expired or the respondent shows a certified copy of the court order vacating the corresponding protective order that was sent to the health care facility or practitioner.
The health care facility or health care practitioner may file the copy of the protective order in the records of a child who is a protected SB0558 Engrossed - 60 - LRB100 04867 SLF 14877 b person under the protective order, or may employ any other method to identify the records to which a respondent is prohibited access.
The health care facility or health care practitioner may file the copy of the protective order in the records of a child who is a protected person under the protective order, or may employ any other method to identify the records to which a respondent is prohibited access.
Upon the request of the petitioner, within 24 hours of the issuance of a protective order, the clerk of the issuing judge shall send a certified copy of the protective order to the day-care facility, pre-school or pre-kindergarten, or private school or the principal office of the public school district or any college or university in which any child who is a protected person under the protective order or any child of the petitioner is enrolled as requested by the petitioner at the mailing address provided by the petitioner.
Upon the request of the petitioner, within 24 hours of the issuance of a protective order, the clerk of the issuing judge shall send a certified copy of the protective order to the day-care facility, pre-school or pre-kindergarten, or private school or the principal office of the public school district or any college or university in which any child who is a protected person under the protective SB0558 Enrolled - 61 - LRB100 04867 SLF 14877 b order or any child of the petitioner is enrolled as requested by the petitioner at the mailing address provided by the petitioner.
SB0558 Engrossed - 61 - LRB100 04867 SLF 14877 b (h) Disclosure by schools.
(h) Disclosure by schools.
When a child who is a protected person under the protective order transfers to another day-care facility, pre-school, pre-kindergarten, public or private school, college, or university, the institution from which the child is transferring may, at the request of the petitioner, provide, within 24 hours of the transfer, written notice of the protective order, along with a certified copy of the order, to the institution to which the child is transferring.
When a child who is a protected person under the protective order transfers to another day-care facility, pre-school, pre-kindergarten, public or private school, college, or university, the institution from which the child is transferring may, at the SB0558 Enrolled - 62 - LRB100 04867 SLF 14877 b request of the petitioner, provide, within 24 hours of the transfer, written notice of the protective order, along with a certified copy of the order, to the institution to which the child is transferring.
(a) Instead of personal service of a protective order under Section 112A-22 of this Code, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or SB0558 Engrossed - 62 - LRB100 04867 SLF 14877 b alleged violations of the person's conditions of parole, aftercare release, or mandatory supervised release, may serve a respondent with a short form notification.
(a) Instead of personal service of a protective order under Section 112A-22 of this Code, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged violations of the person's conditions of parole, aftercare release, or mandatory supervised release, may serve a respondent with a short form notification.
(8) Conditions that apply to the respondent, either in checklist form or handwritten.
(8) Conditions that apply to the respondent, either in SB0558 Enrolled - 63 - LRB100 04867 SLF 14877 b checklist form or handwritten.
SB0558 Engrossed - 63 - LRB100 04867 SLF 14877 b (d) When service is made by short form notification under this Section, it may be proved by the affidavit of the person making the service.
(d) When service is made by short form notification under this Section, it may be proved by the affidavit of the person making the service.
(a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order;
(a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective SB0558 Enrolled - 64 - LRB100 04867 SLF 14877 b order;
1-1-18.) SB0558 Engrossed - 64 - LRB100 04867 SLF 14877 b (725 ILCS 5/112A-23) (from Ch.
1-1-18.) (725 ILCS 5/112A-23) (from Ch.
(i) remedies described in paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code, (ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory, (iii) or any other remedy when the act constitutes a crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.
(i) remedies described in paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code, (ii) a remedy, which is substantially similar to SB0558 Enrolled - 65 - LRB100 04867 SLF 14877 b the remedies authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory, (iii) or any other remedy when the act constitutes a crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence an order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the domestic SB0558 Engrossed - 65 - LRB100 04867 SLF 14877 b violence order of protection;
Prosecution for a violation of a domestic violence an order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the domestic violence order of protection;
(i) remedies described in paragraphs (5), (6), or (8) of subsection (b) of Section 112A-14 of this Code, or (ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid domestic violence order of protection, which is authorized under the laws of another state, tribe or United States territory.
(i) remedies described in paragraphs (5), (6), or (8) of subsection (b) of Section 112A-14 of this Code, or (ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid domestic violence order of protection, which is authorized under the laws of another state, tribe or SB0558 Enrolled - 66 - LRB100 04867 SLF 14877 b United States territory.
Prosecution for a violation of a stalking no contact order shall not bar concurrent prosecution for any other crime, including SB0558 Engrossed - 66 - LRB100 04867 SLF 14877 b any crime that may have been committed at the time of the violation of the stalking no contact order.
Prosecution for a violation of a stalking no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the stalking no contact order.
Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings, unless the action which is second in time is barred by collateral estoppel or the constitutional prohibition against double jeopardy.
Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings, unless the action which is second in time SB0558 Enrolled - 67 - LRB100 04867 SLF 14877 b is barred by collateral estoppel or the constitutional prohibition against double jeopardy.
(2) A petition for a rule to show cause for violation of a protective order shall be treated as an expedited SB0558 Engrossed - 67 - LRB100 04867 SLF 14877 b proceeding.
(2) A petition for a rule to show cause for violation of a protective order shall be treated as an expedited proceeding.
A protective order may be enforced pursuant to this Section if the respondent violates the order after respondent has actual knowledge of its contents as shown through one of the following means:
A protective order may be enforced pursuant to this Section if the respondent violates the order SB0558 Enrolled - 68 - LRB100 04867 SLF 14877 b after respondent has actual knowledge of its contents as shown through one of the following means:
(1) The existence of a separate, correlative order SB0558 Engrossed - 68 - LRB100 04867 SLF 14877 b entered under Section 112A-15 of this Code.
(1) The existence of a separate, correlative order entered under Section 112A-15 of this Code.
(1) Except as provided in paragraph (3) of this subsection (g), where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following:
(1) Except as provided in paragraph (3) of this subsection (g), where the court finds the commission of a crime or contempt of court under subsections (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt SB0558 Enrolled - 69 - LRB100 04867 SLF 14877 b proceedings, and may include one or more of the following:
(i) increase the penalty for the knowing violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order or penal statute involving petitioner SB0558 Engrossed - 69 - LRB100 04867 SLF 14877 b as victim and respondent as defendant;
(i) increase the penalty for the knowing violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order or penal statute involving petitioner as victim and respondent as defendant;
(i) to increase, revoke, or modify the bail bond on an underlying criminal charge pursuant to Section 110-6 of this Code;
(i) to increase, revoke, or modify the bail bond on SB0558 Enrolled - 70 - LRB100 04867 SLF 14877 b an underlying criminal charge pursuant to Section 110-6 of this Code;
SB0558 Engrossed - 70 - LRB100 04867 SLF 14877 b (a) Except as otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court may modify a protective order:
(a) Except as otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court may modify a protective order:
or (iii) denied on procedural grounds, but not on the merits.
or SB0558 Enrolled - 71 - LRB100 04867 SLF 14877 b (iii) denied on procedural grounds, but not on the merits.
(b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any prior domestic violence order of protection's remedy for custody, visitation or payment of support in accordance with the relevant provisions of the Illinois Marriage and Dissolution of SB0558 Engrossed - 71 - LRB100 04867 SLF 14877 b Marriage Act.
(b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any prior domestic violence order of protection's remedy for custody, visitation or payment of support in accordance with the relevant provisions of the Illinois Marriage and Dissolution of Marriage Act.
112A-26) Sec.
112A-26) SB0558 Enrolled - 72 - LRB100 04867 SLF 14877 b Sec.
(b) The law enforcement officer may verify the existence of a protective order by telephone or radio communication with his SB0558 Engrossed - 72 - LRB100 04867 SLF 14877 b or her law enforcement agency or by referring to the copy of the order provided by petitioner or respondent.
(b) The law enforcement officer may verify the existence of a protective order by telephone or radio communication with his or her law enforcement agency or by referring to the copy of the order provided by petitioner or respondent.
Each protective order shall be entered in the Law Enforcement Agencies Data System on the same day it is issued by the court.
Each protective order shall be entered in the Law SB0558 Enrolled - 73 - LRB100 04867 SLF 14877 b Enforcement Agencies Data System on the same day it is issued by the court.
(1) any valid emergency, interim or plenary domestic SB0558 Engrossed - 73 - LRB100 04867 SLF 14877 b violence order of protection, civil no contact or stalking no contact order issued in a civil proceeding;
(1) any valid emergency, interim or plenary domestic violence order of protection, civil no contact or stalking no contact order issued in a civil proceeding;
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Action History

  1. Public Act . . . . . . . . . 100-0597

  2. Effective Date June 29, 2018

  3. Governor Approved

  4. Sent to the Governor

  5. Added as Chief Co-Sponsor Sen. Michael Connelly

  6. Passed Both Houses

  7. Senate Concurs

  8. House Committee Amendment No. 1 Senate Concurs 057-000-000

  9. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 010-000-000

  10. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law

  11. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  12. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Elgie R. Sims, Jr.

  13. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 28, 2018

  14. Secretary's Desk - Concurrence House Amendment(s) 1

  15. Added Alternate Chief Co-Sponsor Rep. Jonathan Carroll

  16. Third Reading - Short Debate - Passed 105-000-000

  17. Placed on Calendar Order of 3rd Reading - Short Debate

  18. Second Reading - Short Debate

  19. Placed on Calendar 2nd Reading - Short Debate

  20. Do Pass as Amended / Short Debate Judiciary - Criminal Committee; 012-000-000

  21. House Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote

  22. House Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee

  23. House Committee Amendment No. 1 Referred to Rules Committee

  24. House Committee Amendment No. 1 Filed with Clerk by Rep. John Connor

  25. Added Alternate Co-Sponsor Rep. Sam Yingling

  26. Added Alternate Co-Sponsor Rep. Katie Stuart

  27. Added Alternate Co-Sponsor Rep. Deb Conroy

  28. Assigned to Judiciary - Criminal Committee

  29. Referred to Rules Committee

  30. First Reading

  31. Chief House Sponsor Rep. John Connor

  32. Arrived in House

  33. Third Reading - Passed; 055-000-000

  34. Placed on Calendar Order of 3rd Reading April 11, 2018

  35. Senate Floor Amendment No. 1 Adopted; Sims

  36. Recalled to Second Reading

  37. Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 010-000-000

  38. Senate Floor Amendment No. 1 Assignments Refers to Criminal Law

  39. Senate Floor Amendment No. 1 Referred to Assignments

  40. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Elgie R. Sims, Jr.

  41. Chief Sponsor Changed to Sen. Elgie R. Sims, Jr.

  42. Placed on Calendar Order of 3rd Reading February 7, 2018

  43. Approved for Consideration Assignments

  44. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  45. Rule 2-10 Third Reading Deadline Established As May 31, 2017

  46. Placed on Calendar Order of 3rd Reading March 29, 2017

  47. Second Reading

  48. Placed on Calendar Order of 2nd Reading March 28, 2017

  49. Do Pass Executive; 014-000-000

  50. Assigned to Executive

  51. Referred to Assignments

  52. First Reading

  53. Filed with Secretary by Sen. John J. Cullerton

Sponsors

Sponsorship breakdown

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0 sponsors · 4 co-sponsors · 179 not signed on

Sponsors (0)

None.

Co-sponsors (4)

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democrat 15000
Republican 8001
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Not Voting
Bush — Yea
McConnaughay — Yea
Manar — Yea
McCann — Yea
Rooney — Yea
McCarter — Yea
Mulroe — Yea
Muñoz — Yea
Righter — Yea
Silverstein — Yea
Bennett — Yea
Harris — Yea
Steans — Yea
McGuire — Yea
Brady — Yea
Haine — Yea
Hutchinson — Yea
Landek — Yea
Cullerton — Yea
Cullerton, T. — Yea
Clayborne — Yea
Connelly — Yea
Oberweis — Yea
Nybo — Yea
Raoul — Yea
Sandoval — Yea
Schimpf — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 105 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 640010
Republican 12000
Democrat 29003
Total 1050013
% of votes cast 89%0%0%11%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
McAuliffe — Yea
Hays — Yea
Parkhurst — Yea
Reis — Yea
Frese — Yea
Bennett — Yea
Sauer — Yea
Greenwood — Yea
Lang — Yea
Long — Yea
Brady — Yea
Harris, David — Yea
Harris, Gregory — Yea
McDermed — Yea
McSweeney — Yea
Hernandez — Yea
Burke, Daniel — Yea
Stewart — Yea
Stratton — Yea
Jones — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Welter — Yea
Willis — Yea
Davis — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Williams — Yea
Mitchell, Christian — Yea
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Durkin — Yea
Ives — Yea
Jesiel — Yea
Finnie, Natalie — Yea
Burke, Kelly — Not Voting
Olsen — Yea
Skillicorn — Not Voting
Soto — Not Voting
Wallace — Not Voting
Wehrli — Not Voting
Winger — Yea
Yingling — Yea
Zalewski — Yea
Drury — Not Voting
Flowers — Yea
Fortner — Not Voting
Hurley — Yea
Jimenez — Yea
Phillips — Yea
Pritchard — Yea
Riley — Not Voting
Sente — Yea
Sommer — Yea
Madigan — Not Voting
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Not Voting
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Not Voting
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Not Voting
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Not Voting
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 31004
Republican 9000
Democrat 15000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Clayborne — Yea
Connelly — Yea
Mulroe — Yea
McCann — Yea
McCarter — Yea
Rooney — Yea
McConnaughay — Yea
Muñoz — Yea
Nybo — Yea
Bennett — Yea
Harris — Yea
Steans — Yea
Brady — Yea
Bush — Yea
Hutchinson — Yea
Cullerton — Yea
Link — Yea
Cullerton, T. — Yea
Oberweis — Yea
McGuire — Not Voting
Haine — Not Voting
Raoul — Yea
Silverstein — Not Voting
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Landek — Yea
Manar — Yea
Althoff — Yea
Martinez — Not Voting
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 558 do?
Amends the Bill of Rights for Children. Makes a technical change in a Section concerning the short title.
Who sponsors SB 558?
SB 558 is sponsored by Elgie R. Sims, Jr. (Democrat), Deb Conroy, Katie Stuart (Democrat), and Sam Yingling.
What is the current status of SB 558?
This bill has been enacted into law. Introduced January 24, 2017. Enacted.
Where can I track SB 558?
Track SB 558 free on One Click Politics — get push/email alerts when it moves.

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